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Judge Orders DHS to Pull Posts, Weighs Immunity Bid in Rep. McIver ICE Case

Pretrial orders target DHS messaging, expanding evidence access.

Overview

  • U.S. District Judge Jamel Semper directed the government to have DHS remove nine social media posts he deemed prejudicial and ordered additional video turned over to the defense.
  • Semper took Rep. LaMonica McIver’s motion to dismiss under advisement after hearing arguments on her claim that her conduct was protected legislative oversight.
  • McIver faces three counts tied to a May 9 encounter at Newark’s Delaney Hall detention facility and could receive up to 17 years in prison if convicted.
  • Prosecutors say surveillance and body‑worn camera footage will be central at the November 10 trial, while a DHS clip shows jostling with officers that the judge noted is disputed in intent.
  • The case was brought by Acting U.S. Attorney Alina Habba, whose appointment is being challenged on appeal, and the dropped trespass charge against Newark Mayor Ras Baraka remains a key backdrop.